Сriminal law is the set of legal norms defining crimes, regulating the prosecution of offenders, and establishing punishments.
It prohibits behavior perceived as threatening, harmful, or otherwise endangering the property, health, safety, and well-being of people, including oneself. Criminal law includes punishment for actions harmful to society, such as theft, assault, or murder.
Criminal law of the Republic of Moldova consists of two main laws:
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Criminal Code of the Republic of Moldova No. 985/2002
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Criminal Procedure Code of the Republic of Moldova No. 122/2003
The Criminal Code of the Republic of Moldova consists of two parts
I) General Part (articles 1-134)
It regulates the basic principles (legality, humanism, equality), the limits of the law in time and space, the grounds for criminal liability, the types of punishments (from fines to life imprisonment) and the conditions for exemption from them.
Chapter I. The Criminal Code and the Principles of Its Application (Articles 1-13)
Chapter II. The Offense (Articles 14-34)
Chapter III. The Causes That Remove the Criminal Character of the Act (Articles 35-40)
Chapter IV. Participation (Articles 41-49)
Chapter V. Criminal Liability (Articles 50-52)
Chapter VI. Release from Criminal Liability (Articles 53-60)
Chapter VII. Criminal Punishment (Articles 61-74)
Chapter VIII. Individualization of Punishments (Articles 75-88)
Chapter IX. Release from criminal punishment (Articles 89-97)
Chapter X. Security measures (Articles 98-106)
Chapter XI. Causes that eliminate criminal liability or the consequences of conviction (Articles 107-112)
Chapter XII. Classification of the offense (Articles 113-118)
Chapter XIII. The meaning of some terms or expressions in this code (articles 119-134)
II) Special Part (articles 135-388)
Contains a list of specific crimes, divided according to the objects of the crime.
Chapter I. Crimes against the peace and security of mankind, war crimes (articles 135-144)
Chapter II. Crimes against the life and health of the person (articles 145-163)
Chapter III. Crimes against the freedom, honor and dignity of the person (articles 164-170)
Chapter IV. Crimes related to sexual life (Articles 171-175)
Chapter V. Crimes against political, labor and other constitutional rights of citizens (Articles 176-185)
Chapter VI. Crimes against property (Articles 186-200)
Chapter VII. Crimes against the family and minors (Articles 201-210)
Chapter VIII. Crimes against public health and social coexistence (Articles 211-222)
Chapter IX. Environmental crimes (Articles 223-235)
Chapter X. Economic crimes (Articles 236-258)
Chapter XI. Computer Crimes and Crimes in the Field of Electronic Communications (Articles 259-261)
Chapter XII. Crimes in the Field of Transport (Articles 262-277)
Chapter ХIII. Crimes against Public Security and Public Order (Articles 278-302)
Chapter XIV. Crimes against Justice (Articles 303-323)
Chapter XV. Crimes against the Proper Conduct of Activity in the Public Sphere (Articles 324-332)
Chapter XVI. Crimes of Corruption in the Private Sector (Articles 333-336)
Chapter XVII. Offences against public authorities and state security (Articles 337-363)
Chapter XVIII. Military offences (Articles 364-388)
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Extracts:
Criminal Code and Principles of its Application
- Article 1. Criminal Law of the Republic of Moldova
(1) This Code is the only criminal law of the Republic of Moldova.
(2) Criminal law is a legislative act that contains legal norms establishing general and special principles and provisions of criminal law, defines acts constituting crimes, and provides for the penalties applicable to offenders.
(3) This Code is applied in accordance with the provisions of the Constitution of the Republic of Moldova and international instruments to which the Republic of Moldova is a party. In the event of any inconsistencies with international conventions and acts on fundamental human rights, the provisions of international instruments shall prevail and be directly applied. - Article 2. Objectives of the Criminal Law
(1) Criminal law shall protect the individual, his or her rights and freedoms, property, the environment, the constitutional order, the sovereignty, independence and territorial integrity of the Republic of Moldova, peace, human security, as well as the entire legal order from crime.
(2) Criminal law shall also aim to prevent the commission of new crimes.
Basic principles of the criminal law of the Republic of Moldova
- Article 3. Principle of legality
(1) No one may be declared guilty of committing a crime or subjected to a criminal punishment, except on the basis of a court decision and in strict accordance with the criminal law.
(2) Extensive unfavorable interpretation and application by analogy of the criminal law are prohibited. - Article 4. Principle of humanism
(1) The entire legal regulation is intended to protect, as a priority, the person as the supreme value of society, his rights and freedoms.
(2) Criminal law does not pursue the purpose of causing physical suffering or harming human dignity. No one may be subjected to torture, or to cruel, inhuman or degrading punishment or treatment. - Article 5. The principle of democracy
(1) Persons who have committed crimes are equal before the law and are subject to criminal liability without distinction as to sex, race, colour, language, religion, political or any other opinion, national or social origin, membership of a national minority, property, birth or any other status.
(2) The defence of the rights and interests of a person cannot be achieved by violating the rights and interests of another person or a group. - Article 6. The principle of the personal nature of criminal liability
(1) A person is subject to criminal liability and criminal punishment only for acts committed with guilt.
(2) Only a person who has committed an act provided for by criminal law intentionally or through negligence is subject to criminal liability and criminal punishment. - Article 7. The principle of individualization of criminal liability and criminal punishment
(1) When applying the criminal law, the nature and degree of prejudiciality of the committed offense, the person of the guilty party and the circumstances of the case that mitigate or aggravate criminal liability shall be taken into account.
(2) No one may be subjected to criminal prosecution and criminal punishment twice for one and the same act. - Article 8. Action of the criminal law in time
The criminal nature of the act and the punishment for it shall be established by the criminal law in force at the time of the act.
Crime
Article 14. The concept of a crime
(1) A crime is a harmful act (action or inaction), provided for by criminal law, committed with guilt and liable to criminal punishment.
(2) An action or inaction that, although formally contains the signs of an act provided for by this Code, but, being insignificant, does not present the harmful degree of a crime does not constitute a crime.
Article 15. The harmful degree of the crime
The harmful degree of the crime is determined according to the signs that characterize the elements of the crime: the object, the objective side, the subject and the subjective side.
Article 16. Classification of Offences
(1) Depending on the nature and degree of harm, the offences provided for in this Code are classified in the following categories: minor, less serious, serious, particularly serious and exceptionally serious.
(2) Minor offences are considered to be acts for which the criminal law provides as a maximum penalty imprisonment for a term of up to 2 years inclusive.
(3) Less serious offences are considered to be acts for which the criminal law provides for a maximum penalty of imprisonment for a term of up to 5 years inclusive.
(4) Serious offences are considered to be acts for which the criminal law provides for a maximum penalty of imprisonment for a term of up to 12 years inclusive.
(5) Particularly serious crimes are crimes committed with intent for which the criminal law provides for a maximum penalty of imprisonment for a term exceeding 12 years.
(6) Exceptionally serious crimes are crimes committed with intent for which the criminal law provides for life imprisonment.
Causes that remove the criminal nature of the act
Article 35. Causes that remove the criminal nature of the act
The following are considered causes that remove the criminal nature of the act:
a) self-defense;
b) detention of the offender;
c) state of extreme necessity;
d) physical or psychological coercion;
e) reasonable risk.
f) execution of the order or disposition of the superior.
Chapter XI CAUSES THAT REMOVE CRIMINAL LIABILITY OR THE CONSEQUENCES OF CONVICTION
Article 107. Amnesty
(1) Amnesty is the act that has the effect of removing criminal liability or punishment, either reducing the punishment applied or commuting it.
(2) Amnesty does not have effects on security measures and on the rights of the injured person.
(3) Amnesty does not apply in the case of the commission of offenses provided for in art. 1661 para. (2)–(4), as well as to persons who have committed offenses against minors provided for in art. 171-1751, 201, 206 and 208 - 2085.
Article 108. Pardon
(1) Pardon is the act by which the convicted person is released, in whole or in part, from the established punishment or the established punishment is commuted.
(2) Pardon is granted by the President of the Republic of Moldova individually.
(3) Pardon has no effect on complementary punishments, except in the case where otherwise provided by the act of pardon.
(4) Pardon has no effect on security measures and on the rights of the injured person.
(5) Pardon shall not apply to persons who have committed against minors the offences provided for in Articles 171-1751, 201, 206 and 208 - 2085.
Article 109. Reconciliation
(1) Reconciliation is the act of removing criminal liability for minor or less serious offences, provided for in Chapters II–III, V–VI and in Article 264 paragraph (1) of the Special Part, as well as in the cases provided for by the criminal procedure, if the person has no criminal record for similar offences committed intentionally or if the termination of the criminal proceedings has not been ordered in respect of him, as a result of reconciliation, for similar offences committed intentionally in the last five years. In the case of minors, reconciliation of the parties may also be applied for minor or less serious offenses, provided for in Chapter IV of the Special Part, as well as for serious offenses, provided for in Chapters II–III and V–VI of the Special Part.
(2) Reconciliation is personal and produces legal effects from the moment the criminal prosecution is initiated until the withdrawal of the panel of judges for deliberation.
(3) For persons lacking legal capacity, reconciliation shall be made by their legal representatives. Those with limited legal capacity may reconcile with the approval of the persons provided for by law.
(4) Reconciliation shall not apply to persons who have committed against minors the offenses provided for in Art. 171–1751, except for minor or less serious crimes, if they were committed by minors, or in the case of crimes committed against minors provided for in art. 201, 206 and 208 - 2085.
Article 110. The concept of criminal record
A criminal record is a legal status of a person, which appears from the moment the conviction becomes final, generating unfavorable legal consequences for the convicted person until the moment of expungement of the criminal record or rehabilitation.
Article 111. Extinguishing criminal records
(1) The following persons shall be considered to have no criminal record:
a) released from criminal punishment;
b) released, according to the act of amnesty, from criminal liability;
c) released, according to the act of amnesty or pardon, from the execution of the punishment pronounced by the sentence of conviction;
d) sentenced with conditional suspension of the execution of the punishment if, during the probation period, the conviction with conditional suspension of the execution of the punishment was not canceled;
e) sentenced to a punishment milder than imprisonment – after the execution of the punishment;
g) sentenced to imprisonment for committing a minor or less serious crime – if 2 years have elapsed since the execution of the sentence;
h) sentenced to imprisonment for committing a serious crime – if 6 years have elapsed since the execution of the sentence;
i) sentenced to imprisonment for committing a particularly serious crime – if 8 years have elapsed since the execution of the sentence;
j) sentenced to imprisonment for committing an exceptionally serious crime – if 10 years have elapsed since the execution of the sentence.
(2) If the convicted person, in the manner established by law, was released before the term of serving the sentence or the unserved part of the sentence was replaced by a milder sentence, the term for expunging the criminal record shall be calculated starting from the actual term of the sentence served, from the moment of release from serving the main and complementary sentence.
(3) Extinction of the criminal record shall cancel all incapacities and forfeitures of rights related to the criminal record.
Article 112. Judicial rehabilitation
(1) If the person who served the criminal sentence has shown irreproachable behavior, at his request, the court may cancel the criminal record until the expiration of the terms for expunging them. The conditions for receiving the application for judicial rehabilitation may be:
a) the convicted person has not committed a new crime;
b) at least half of the term provided for in Article 111, paragraphs (1) and (2) has expired;
c) the convicted person has shown irreproachable behavior;
d) the convicted person has paid in full the civil damages, to which he was obliged by court decision, as well as the court costs;
e) the convicted person has secured his existence through work or other honest means, has reached retirement age or is incapable of work.
(2) Rehabilitation cancels all incapacities and forfeitures of rights related to criminal records.
(3) In case of rejection of the application for rehabilitation, a new application may not be made until after one year.
(4) Judicial rehabilitation shall be cancelled if, after its granting, it is discovered that the rehabilitated person had another conviction which, if known, would have led to the rejection of the application for rehabilitation.
The main Legal basis of the Republic of Moldova
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Criminal Procedure Code of the Republic of Moldova* No. 122/2003
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Criminal Code of the Republic of Moldova* No. 985/2002
